배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff acquired a loan claim against Nonparty 2, Co., Ltd., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and a right to collateral security against Nonparty 2, Co., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”), owned by the said company, the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, taking over the right to collateral security against the above company’s KRW 60-25 E.S. 803 (hereinafter “instant real estate”).
B. With respect to the instant real estate, the Seoul Southern District Court G, H, I (Dual) compulsory auction was conducted on the real estate. On the date of distribution that took place on December 19, 2014, the above court recognized the Defendants, as employees of the non-party company, who reported the claim and demanded a distribution of overdue wages and retirement allowances as the first wage creditor, as the whole amount of the claim, and distributed KRW 4,094,00 to the Defendant among KRW 961,057,792, the total amount of the claim to be distributed, 3,393,641, and KRW 1,591,826 to the Defendant D, and KRW 1,591,826 to the Defendant E, KRW 3,33,079, and KRW 4,554,120 to the Defendant F, who is the transferee of the Korean bank, as the second-order collateral security creditor.
C. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of distribution to the Defendants, and thereafter filed a lawsuit of demurrer against the distribution on December 26, 2014, which was within one week thereafter.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination:
A. The gist of the Plaintiff’s assertion was that the Nonparty Company paid all health insurance premiums, income tax, etc. to the Defendants. In light of the foregoing, the Plaintiff paid all wages and retirement allowances to the Defendants.
Therefore, the defendants' dividends against the non-party company should be revised with the content that the dividend amount against the defendants should be KRW 0,00, and the dividend amount against the plaintiff should be increased to the total sum of the dividend amount against the defendants.
(b).